Fiverr Forum

Undeserved TOS Warning


#1

I wonder if this has happened to anyone else. I received an email a couple hours ago saying there was a problem with my account. Apparently, I had received a TOS violation for being “unresponsive and unavailable”. I assumed this was a mistake because I respond to every message except for spam which I immediately report. I did miss the 24-hour mark on 2 messages that came in right around Christmas but followed up the next day. My response rate is in the green and I’m 100% available. No orders have been left undelivered ever.

I message customer service to ask why I received the warning and explained everything as I did above. Their response - copy and past of the TOS email. No explanation as to why I received it and no acknowledgment of the problem. They said, don’t worry your account won’t be suspended unless you receive a second warning.

Sure, but I WILL lose my Top Rated Seller status automatically on February 15th. And if I received one bogus TOS warning, what’s to stop me from receiving a second?

This is very frustrating. I’ve been working through Fiverr for 7 years and I’ve been TRS for 5 and this is the best they can do? Has anyone else had to deal with this and if so, how did you resolve it?


#2

Received this follow-up message:

Hi Jonathan,

I’m sorry, I believe we have addressed your concerns. You have been warned for being unresponsive to one of your buyer’s messages. In the message for which the warning was issued in the first place, you acknowledged you missed the buyer’s message and that you are sending them the new version. This is against our
Terms of Service for which the warning will remain on your account. although we are willing to help.

Thanks for understanding.


I can’t find or recall any message like this. If I did miss an update, all the buyer had to do was send me a reminder. So after 5 years of being TRS I’m going to lose my level over one missed request?

I think it’s time to quit Fiverr and find a platform that isn’t intent on screwing over sellers at every turn.


#3

that’s horrible… as a seller I would like to be focused on delivering high quality work not … to be focused on 100 rules… Also this is something new , I never heard of warnings for not responding to some update …


#4

I can’t answer any of your questions and it just looks like a buyer must have complained. The only thing I don’t fully understand is why you would lose your TRS on Feb 15 if you are all in the green and only have one warning. Unless another buyer complains (which seems unlikely) or you drop another stat, you should keep your badge and you just need to be extra-cautious over the 60 days until things are clear. Did I misunderstand and you actually got multiple warnings?


#5

To stay on the same level there is a one requirement which also needs to be fulfilled, which says “no warnings received within 30 days”.


#6

Ah, Thanks @iamsachmusic. I thought it was two.


#7

That’s correct, one TOS warning within 30 days results in loss of level.

I went through my messages for the past 3 months and can’t find a single buyer request or update that I didn’t provide. This makes no sense and I have no recourse.


#8

I’m sorry to hear it. The only thing you might try is to talk with your Success Manager.


#9

This seems to be unrelated to response rate. Even if you have above 90% response you can get a warning for missing just one. Why not make the required response rate 100% then? That seems more honest.


#10

I was never assigned on unfortunately.


#11

To be honest, Fiverr is not always right. They are humans too. Fiverr is becoming just like YouTube. YouTube now days only tries to attract more advertisers and Fiverr is more buyers.

They are forgetting the basics. YouTube is not Caring about video makers properly and Fiverr is not taking care about their sellers properly. They will not be the best platforms in future for sure if these types of things are going to continue.


#12

The only other thing you could try since you are up against the wire is to ask for your ticket to be escalated to technical. Sometimes if you can convince them to escalate it to another department a supervisor will look at the issue and they’ll backtrack. It’s rare, but if you mention politely that a TRS badge is on the line they might do it. As long as you stay polite and professional it shouldn’t hurt to ask. If they find a buyer complaint that they agree with they may not rule in your favor and they usually can’t tlel you who the buyer was for privacy reasons. If they don’t find anything like that, you still have a shot. Good luck.


#13

I’d happily make it right if I had a clue who it was. Hours of searching now and I can’t find anything. I’m wondering if there was a glitch that caused me not to receive the message?

At any rate, they dug in on their position and it looks like I’m out of options. I gave a lot to this site and now I feel betrayed. Why should I put any more effort into a company that will punish sellers for one mistake in 7 years?


#14

I can understand that. Things have changed a lot with the level system, though, and there are quite a few sellers who have remained successful at level 2 after losing a badge. Personally, I would still give it a go if you are making money. I’m all for diversification as well so there is no reason you can’t explore other options while you continue to take in earnings here.


#15

OP I’m so sorry this happened to you! It does seem strange that one missed message would cause this threat to your TRS badge. I’m not sure but I agree that probably just one TOS warning won’t cause you to lose it.

So we are supposed to always answer a buyer’s questions at all times? Is there a time limit for this, such as any message they send within a month after order completion? Or do they mean just while the order is in progress?

I haven’t heard of this. Also when an order is complete but the buyer sends a message on the order page we don’t get notified. I wish this were clarified.

Edit: I just read the TOS. The only thing I found about this subject mentioned being both late in delivering and unresponsive to the buyer.


#16

I finally figured it out! The warning still stands, but at least I could make it right with my buyer. She’s one of the nicest people I’ve worked with and I still don’t know how things got so messed up.

So here’s the situation:

She ordered a Facebook cover design from me on February 3, 2018 - NEARLY A YEAR AGO! She leaves a generous tip and a 5-star review.

On December 16th she messaged saying she had a new logo and wanted me to swap it out on my design.
Later that same day I delivered the new cover.

On December 28, 2018, while I’m still in vacation mode, she says the tagline part of her logo is too small to be read on mobile and asks me to enlarge the text. I immediately write back to let her know that’s no problem.

And then I forget about it. Somewhere between then and now I must have archived her message and I never followed up. That’s totally on me.

Today, I get the TOS warning for not responding.

It turns out that it’s true. I was unresponsive to one buyer who was promised a second free revision almost a year after the original order was complete. After I finally figured this out I sent her an apology along with the new graphic. It was a simple change that took two minutes. I messed up, but I wasn’t malicious. She was one of my favorite buyers.

I think this still exposes a flaw in the system. Maybe Fiverr needs something like arbitration for small issues like this. If either she or CS had messaged me to let me know there was a problem it could have been fixed within minutes. Sellers should have some recourse or a way to make things right before jumping to punishment.

If I hadn’t spent my entire day searching messages and orders I would still have the warning, but she wouldn’t have what she needed. I’m still frustrated by Fiverr but now I can sleep easy knowing she isn’t left without a usable graphic.


#17

The TOS thing is unclear. On the analytics page one of the requirements is having no TOS warning within 30 days. I’ve had one on 1/20/19, so on February 15, 2019 I assume that results in a demotion. That’s the way I’m reading it anyway.


#18

Your case is so far out of the ordinary that it shouldn’t result in a demotion in my opinion.

If you haven’t done so already, a careful, well thought out explanation like you gave here, emphasizing these unusual circumstances might help. I just now looked at your work and you are such a fantastic designer with such great reviews. Your work
is so far above almost all the other similar types of designs I’ve seen it would be a real mistake to demote you in my opinion.

Please post a follow up here about this. It really is a stretch to demote you for this. As you say, I’m not sure why there wasn’t simply a message to remind you.

Demoting you over this would be like killing a gnat with a sledgehammer.


#19

I just copied/pasted my timeline above explaining what happened. I’m waiting for a response but will definitely follow up here.

I’ve had some complaints about fiverr but I do love the site and want it to improve where possible. Hopefully this can lead to some small changes that will help everyone out.


#20

Oh, and thank you for the compliment! I do my best and I’m glad it shows.